| Date of birth: | 1988 |
| Hair: | Brown |
| Eyes: | Green |
| Registration: | 2329978 |
| Level: | Level II |
| Comments: | Sex offenders have always lived in our communities; but it was not until passage of the community protection act of 1990 (which mandates sex offender registration) that law enforcement even knew where they were living. In many cases, law enforcement is not able to share that information with you. Citizen abuse of this information to threaten, intimidate or harass registered sex offenders will not be tolerated. Further, such abuse could potentially end law enforcement's ability to do community notifications. We believe the only person who wins if community notification ends is the sex offender, since sex offenders drive their power through secrecy. COUNT I, According to Official documents Johnathan Smith Burkley (age 24) had sexually assaulted a known 14 year old female. The victim told police that she was at the home of Smith Burkley and his brother, on either 04/26/12 or 04/27/12. They had been inside the house, but all three went out to the garage later in the day. At some point the younger brother left to go into the house, and Smith Burkley grabbed the victim from behind, pulled her close to him, and then put his hand down her pants. She tried to resist, but was overcome by Smith Burkley's strength. He also bit her on the neck during the incident. The victim also told investigators that prior to this sexual assault she had received sexually explicit text messages and photos from Smith Burkley, including a photograph of his privates. COUNT II, According to Official documents on the afternoon of the aforementioned sexual conduct (CT I), the victim told police that she, Smith Burkley and his brother were going to the Mall in Lynnwood, Washington. While on the way they stopped in a wooded area. While there, out of the presence of his brother, Smith Burkley began talking about sexual things with the victim. He then grabbed the victim's breast with his right hand. This lasted about 30 seconds. He also grabbed her buttocks. Smith Burkley was questioned by police, and admitted to sexually touching the victim. He told police he knew that the victim was about 14 years of age. He was originally charged with: CT I: Rape of a Child in the 3rd Degree; and CT II: Child Molestation in the 3rd Degree. This was later amended to CT I: Child Molestation in the 3rd Degree; and CT II: Communication with a Minor for Immoral Purposes, to which Smith Burkley entered a guilty plea. During the above investigation detectives seized a cellular telephone belonging to Smith Burkley, pursuant to receiving a search warrant. A forensic specialist found text messages containing sexual references. It was discovered the texts were about a known 11 year old female who had been living in Smith Burkley's home. The victim was interviewed and disclosed the sexual assaults began in April or May of 2012. The victim gave details of the assaults to Police during the interview. Smith Burkley was charged with two Counts, CT I: Child Molestation in the 3rd Degree; and CT II: Assault in the 4th Degree (Gross Misdemeanor), for which Smith Burkley entered a guilty plea. Smith Burkley was sentenced to confinement. The 4/2012 incidents 54 months and 12 months and the 5/2012 incidents 41 month and 365 days. Smith Burkley was released from confinement 1/26/2016. He will be supervised by the Washington State Department of Corrections for a period of 36 months out of the Everett Field Office, 425-356-2800. " Probation Conditions Entered |
| Description: | Tattoo on L_forearm (CRESENT MOON ON 5 PT STAR) |
| Booking location: | Snohomish County, WA |
| Description: | 9A.44.089 - Child molestation in the third degree View this statute |
| Date convicted: | Feb 28, 2014 |
| Conviction state: | Washington |
| Charges: | N/A |
| Description: | 9.68A.090(2) - Comm w/Minor for Immoral Purposes View this statute |
| Date convicted: | Feb 28, 2014 |
| Conviction state: | Washington |
| Charges: | N/A |
| Description: | 9A.44.089 - Child molestation in the third degree View this statute |
| Date convicted: | Dec 11, 2013 |
| Conviction state: | Washington |
| Charges: | N/A |
